This is District Court Judge Nan Nash. This morning she ruled that the meaning of the law regarding Dr. Elsy Fierro's right to a public hearing, is clear on it's face.
It doesn't lend it self to interpretation;
it doesn't need interpretation.
Which makes you wonder why these two guys are here.
They came to interpret the law to mean something diametrically opposite to its actual meaning; meaning that is clear on its face.
The part that really burns, is that they are public servants; they work for the NM Attorney General's Office. You pay their salaries so that they can litigate against your interests.
APS/Modrall was there, in the person of Art Melendrez.
He said the district was on the horns of a dilemma; they really, really want an open hearing, but the darned ole law just won't allow it.
Melendrez also informed the court that Miguel Acosta had threatened to sue anyone he could, if his son's records are not kept secret.
A problem there; there is little, if any, of those records which have not been publicly discussed by the student and his mother on several TV and radio shows. There is really nothing secret about them.
More likely is that, Miguel Acosta, and Teresa Cordova do not want their secrets to become public. They can prevent a hearing by insisting on secrecy for their son, even though it no longer exists.
Fierro's Attorney, Gail Stewart, laid the case out well. The law was clearly on their side.
Dr. Elsy Fierro declined interviews with the press. She said that she would give them a statement after the matter was closed.
She may never get that opportunity.
The leadership of the APS/Modrall does not want to see the matter closed; nor does the NM Educator Ethics Bureau, nor does the NM Public Education Department. Not if "the matter being closed" means a hearing open to the public.
The leadership of the APS needs to cover up for board members and the very senior administrators not yet implicated in the gradegate scandal, and the NM EED and the NM PED need to cover up their sham "investigation" and scapegoating of Ms. Fierro.
They will instead drop the charges against Fierro, claiming that they must, to protect the young Acosta's right to privacy.
Her reputation will not be cleared;
and theirs will not be sullied.
Thursday, November 08, 2007
"The law is clear on it's face."
Posted by ched macquigg at 9:41 PM
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1 comment:
Acosta's lawsuit threats are bogus. According to ED.gov, under FERPA any rights under the act held by parents transfer to the student when he/she turns 18. "the student" is now the holder of the "rights". One bothersome nuance of FERPA, an exception to the privacy restrictions is a lawful court order. I agree the AG is not interested is pursuing the public's interest in this matter.
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